A. On September 20, 2017 at the request of the Defendant and D, a notary public drafted a notarial deed under a monetary loan agreement with the following purport: “In September 20, 2017, the Defendant leased KRW 14 million to D on September 20, 2017, at interest rate of KRW 25% per annum, and due date of payment on June 20, 2018, the Plaintiff jointly and severally guaranteed the above obligation to D; and in the event the debtor and the joint guarantor fail to perform their monetary obligation under this contract, the notarial deed under a monetary loan agreement with the effect that they were aware that there was no objection even if they were immediately subject to compulsory execution.”

B. On February 21, 2019 at the request of the defendant and D, a notary public signed a notarial deed on March 1, 2019, stating that “the defendant, on March 1, 2017, at the interest rate of KRW 160,90,000,000,000 per annum, and at the maturity of KRW 100,000,000,000,000,000,000,000,000 on June 21, 2019, the remainder of KRW 60,90,000,000, was designated and lent as June 21, 202. The plaintiff jointly and severally guaranteed the above debt owed to the defendant, and if the debtor and the joint guarantor fail to perform their monetary obligation under this contract, a notarial deed of a monetary loan agreement was prepared to recognize that there is no objection even if compulsory execution was conducted.”

C. Meanwhile, D is the Plaintiff’s spouse, and entrusted the preparation of each of the above notarial deeds as the Plaintiff’s agent.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, each entry in 1 and 2, and the purport of the whole pleadings

2. Determination

A. The indication of the recognition and recognition of execution that a notarial deed allows a notary public to have an executory power as an executory power is an act of litigation against a notary public, so in case where a notarial deed is prepared upon a commission of an unauthorized representative, it is not effective as an executory power, and the burden of proof that there is an authority to prepare such notarial deed

The authenticity of the portion made directly by a notary public of a notarial deed is presumed to have been made, but the facts which may be recognized by it shall be prepared by an agent.